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NY G83849

November 21, 2000

CLA-2-62:RR:NC:WA:357 G83849


TARIFF NO.: 6210.40.5020

Mr. Brett Conrad
Deep See, Inc.
18935 - 59th Avenue, NE
Arlington, WA 98223

RE: The tariff classification of a man's pullover jacket from China; Visibly Coated

Dear Mr. Conrad:

In your letter dated October 27, 2000, you requested a classification ruling.

The sample submitted, Item number 8801, "Nylon Spray Jacket", is a man's pullover hip-length jacket constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. In your letter you indicate that the garment will be used primarily in watersport activities.

The jacket has a stand-up collar and a partial opening with a gusset at the neck. The collar is composed of a knit fabric on the outer surface and neoprene rubber on the inner surface. The gusset is composed of a knit fabric on the inner and outer surface with neoprene rubber in between. A tab with a hook and loop fastener on the front portion of the collar secures the opening. The garment has a pocket on the lower portion of the front panel that features the "Warmers" logo, long sleeves with cuffs composed on the inner and outer surface of a knit fabric with neoprene rubber in between and a drawcord tightening through the bottom hem. The "Warmers" logo is also featured on the left sleeve.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.


Robert B. Swierupski

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